I am writing to request an exemption from FAR 121.311 (b) for my daughter Kennedy

Swann and an exemption lrom 121.31 1 (a) (2) and 121.311 (c) (1) for the certificate

holder who is operating the airplane on which we are flying. My daughter's physica!

condition is as follows: Kennedy is four years old and suffers from Spinal Muscular

Atrophy, type 1, a neuromuscular disease that renders her unable to move. Kennedy

cannot swallow, so she is fed by gtube. She cannot sit up, hold her head up, crawl,

walk, or move her arms and legs at all. She uses a non-invasive (nasal mask)

bipap/ventilator to help her breathe, and needs oral suctioning to clear her secretions.

She lies in a prone position, completely flat, nearly all of the time. She tolerates being

upright only for short (15-30 minute) time periods, and then, only with support of her

torso and with her ventilator in use. As a result of her physical condition, Kennedy is

physically incapable of literal compliance with the regulation.

I understand that the regulation is written to create a high level of safety for each

individual passenger by ensuring that they are securely restrained in their seats during

all phases of flight. The regulation also ensures that an individual does not cause harm

to other passengers on the airplane by being thrown into them during turbulent or

emergency conditions.

I propose that my daughter use an E-Z-ON Modified Vest (model 101M2), which is a

restraint system that will be securely strapped across a passenger seat with the seatbelt

installed in the seat. One of her parents or her nurse will sit next to her at alltimes to be

able to tend to her needs during the flight, and her legs will rest on that person's lap.

Alternatively, we could lay her across two seats, with the third seat in the row occupied

by a parent or her nurse. The E-Z-ON Modified Vest is dynamically tested and meets

FMVSS213. Kennedy will lie across a seat for the flight and her restraint will not block

any passenge/s view of the "fasten seat belt" sign, .no smoking" sign or any required

exit sign. lt will also be placed in such a manner that its location does not restrict access

to or use of any required emergency or regular exit, or of the aisle in the passenger

compartment. Kennedy will travel with no fewer than two adults trained in her care.

My alternative proposal would satisfy the intended purposes of the regulation by

ensuring that Kennedy is securely restrained by her restraint system and the restraint

system itself is securely restrained by the aircraft seat belt. This ensures a high level of

safety for Kennedy and a high level of safety for the other passengers and crew on the

airplane.

This provides an equivalent level of safety to that provided by a seat belt fastened

around Kennedy. ln fact, in my daughtefs case, safety is greatly enhanced by the extra

support and security that the restraint system will provide for her during the entire flight.

Enhancing safety for Kennedy is in the public interest. ln addition, the public interest is

also served by the fact that the use of this restraint system allows my daughter to use

commercial air transportation. Without the support and security of this specially

designed restraint system, she would be unable to fly commercially.

I believe that the same reasons, concerning the level of safety that would be provided

under the proposed exemption, and that the proposed exemption would be in the public

interest, that the FAA has found to be sufficient, and serve as the basis upon which

Exemption No. 26267 was issued, and under which operations have been safely
conduc'ted, are equally applicable to my petition, and are sufficient to demonstrate that

my proposed exemption should be granted. .

I also request that the processing of this petition notbe delayed for publication and

comment in the Federat Register. We want-to travdl in OctoQer of this year. Thank you

for your consideration. ,

Jennifer Swann
St. Iude Heritage

Medical Gro,ip 4F

June 25,2014

To Whom It May Concern:

Kennedy Swanq born December 2, 2009, is a patient who has been in my care for nearly

four years. She sutTers &om Spiaal Muscular Atrophy, f!"pe I (SMAI). SMAI causes

wealcness of the voluntary muscles. As such, Kennedy has extrErnely limited movement.

Kennedy suffers from dysphasia and chronic respiratory insufficiency. She depends on a

non-invasive veotilator for respiratory support and requires oxygen while in flight.

Kennedy is unable to support her own body weight in the upright position and even if

supported upright, she is prone to respiratory fatigue and choking after a very short

period of time.

For the sake of her health and safety, Kennedy must be permiued to travel aboard an

aircraft in a horizontal or recumbent position, including during takeoffand landing" I art

proposing that she travel using an E-Z-On Modified Vest, which can be mcured to a seat

belt in the plane's passenger seat. I am uraware of any contraindications fr:r Kennedy's

use of the E-Z*On Modi{ied Vest. Kennedy's parents have used this vest for Kennedy

during travel in their personal vehicle without injury, and according to her parentso

re$earch, it appeam to be the only such system to secure a persor lying in the prone

position. This system also appears to be the only rystem that would allorry Kennedy, at

her age, to travel aboard an aircraft. Il is a safe method for reskaining her during flight

without compromising her respiratory status. Furthermore, Kennedy traveis with no

fewer than two adults trained in her care. This is typically both parents, or one parent and

a nurse.

Kennedy plans to travel with her family in October, 2014, Your expeditieus handling of

this exemption petition is appreciated. Please contact me with questions at {714) 577-

6677.

Sincerely,

*?:,nT fr:Ji'ff",irsrrh Foidnhn

4Il0O Ross HiYe

Y;rba Linda, CA92886

n4-$n-ffi77

P,fi- Box 4"138 . Fullerton. Cg gl*i+-*tS8